Texas Personal Injury News

Q: Who can sue after a hit-and-run accident?

DWI car accidents in Houston are responsible for causing serious personal injuries and fatalities. This is particularly true when the victim of the car accident is an innocent pedestrian who was unfortunately in the wrong place at the wrong time.

Without the protection of a car of their own, pedestrians hit by motor vehicles often die at the scene or shortly thereafter from the blunt force and trauma of their injuries. Those who survive may be entitled to sue for compensatory damages for the serious personal injury they sustained.

But if the accident is a fatal one, it's the victim’s closest surviving family members who may be entitled to sue in what is known as a wrongful death lawsuit.

In a wrongful death lawsuit, the surviving family members must prove that their loved one’s death was caused by someone else's negligence or intention to do them harm. They must also prove that they are suffering financially as a result of the victim’s death. Wrongful death cases are complex and differ on a case-by-case basis as to which family members may be entitled to sue and what damages they may be entitled to recover.

Generally, the costs of the victim’s final medical and funeral expenses are recoverable along with other financial compensation which is determined by examining the survivor’s loss of support, services, prospective inheritance and more related to the victim’s death.

Recently, a San Marcos man was charged with intoxication manslaughter and other charges in connection with an alleged hit-and-run accident that killed a pedestrian. According to witnesses, the suspect’s car "jumped the curb" and hit a pedestrian before continuing to speed away. The car-- absent a passenger who bailed out of it after the alleged first incident – –reportedly didn't get far before crashing into a tree after which witnesses held the suspect until the police arrived.

In addition to intoxication manslaughter, the suspect was reportedly charged with "failing to stop and render aid, escape, possession of a controlled substance, resisting arrest and possession of marijuana."

Regardless of whether the person who caused the accident is criminally charged or not-- or whether those charges are upheld-- a victim or their surviving family members are entitled to commence a civil suit for money damages for physical and/or psychological suffering.

If you or a loved one has been injured or a loved one has been killed in a motor vehicle accident or any other accident due to someone else's negligence, the personal injury experts at Chandler, Mathis & Zivley can help you maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we represent accident victims and their families throughout Texas as well as those injured while visiting Texas.